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DARNELL & SON v. MEMPHIS

No. 75.

208 U.S. 113 (1908)

I.M. DARNELL & SON COMPANY v. CITY OF MEMPHIS.

Supreme Court of United States.

Decided January 20, 1908.

Attorney(s) appearing for the Case

Mr. Dent Minor, with whom Mr. C.W. Metcalf, Mr. C.H. Trimble and Mr. H.B. Anderson were on the brief, for plaintiffs in error.

Mr. Marion G. Evans, with whom Mr. William H. Carroll and Mr. Thomas H. Jackson were on the brief, for defendants in error.

MR. JUSTICE WHITE delivered the opinion of the court.

Article 2 of the Tennessee constitution of 1870 provides:

"SEC. 28. All property, real, personal or mixed, shall be taxed, but the legislature may except such as may be held by the State, by counties, cities or towns, and used exclusively for public or corporation purposes, and such as may be held or used for purposes purely religious, charitable, scientific, literary...

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